Commonwealth v. Brennan

LIPEZ, Judge:

This is an appeal by the Commonwealth from the order of the court below dismissing charges against appellee because of the Commonwealth’s alleged failure to comply with Rule 1100(a)(2). 1 We vacate the lower court’s order and remand the cause for proceedings not inconsistent .with this opinion.

A complaint charging appellee with rape and various related offenses arising out of the same criminal act was filed May 28, 1977. Appellee was arrested for the first time concerning this matter on June 10, 1977. A preliminary hearing before a District Justice was held, according to the…